A defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On July 6, 2012, the Defendant issued a summary order of a fine of three million won for the crime of violating the Road Traffic Act in the Daegu District Court and the racing support. On October 31, 2014, the Defendant was issued a summary order of a fine of five million won for the same crime of violating the Road Traffic Act.

【Criminal Facts】

On November 16, 2019, at around 02:30, the Defendant driven a D A6 car under the influence of alcohol concentration of approximately 0.167% from a 30-meter section of alcohol alcohol concentration from the front of the aftermath of the CJ, in the front of the YY and the front of the PPP, in the front of the PPP, on November 16, 2019.

As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again in violation of the above prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;